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to KHN Solutions and becomes KHN Solutions’ property. This
warranty is limited to the original end-user purchaser and is not
transferable to, or enforceable by, any subsequent owner.
Exclusions, Limitations, and Disclaimers
KHN Solutions makes no warranties, express or implied, as to
the ability of this product to determine whether, or the extent
to which, a test subject’s mental or physical functioning, or
judgment, may be impaired by blood alcohol including whether
the test subject is intoxicated under any definition of that
word. KHN Solutions expressly disclaims any liability for direct,
indirect, incidental, special, or consequential damages of any
nature under any legal theory. Any act or failure to act based
on a reading from this product shall be at the test subject’s or
user’s own risk. KHN Solutions assumes no responsibility for
consequences to or of test subjects who use this product and
later are shown to have been under the influence of alcohol
or to have had their judgment or any mental or bodily function
22.
impaired by alcohol. Correlation between breath alcohol
content and blood alcohol concentration depends on many
variables, including environmental factors (such as air quality,
wind, humidity, temperature, etc.) and health conditions of the
test subject. A low BAC reading does not mean that the test
subject’s physical or mental performance or judgment (including
reaction times) can respond to an emergency. The concentration of
alcohol in the blood of a test subject cannot be exactly determined
by using a breath alcohol screening product.
KHN Solutions does not warrant that the operation of the
product will be error-free. KHN Solutions is not responsible for
any consequences arising from failure to follow instructions
or relating to the product’s use. This warranty does not apply:
(a) to consequences caused by accident, abuse, tampering,
misuse, flood, fire, earthquake or other external causes; (b) to
consequences caused by operating the product outside the
permitted or intended uses described by KHN Solutions; (c) to
consequences caused by service performed by anyone who
23.
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